Page No.# 1/3 GAHC010037412022 2025:GAU-AS:5085 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/647/2022 RITUPARNA PHUKAN ROY AND ANR. S/O LATE INDU ROY @ INDU PHUKAN ROY RESIDENT OF VILLAGE PURNA NAGAR, KALPA BHATTA CHOWK, NEPALI CHOWK, PO AND PS NOONMATI, GUWAHATI 20, KAMRUPM ASSAM 2: MRS. NEELANJANA ROY BASUMATARY D/O LATE INDU ROY @ INDU PHUKAN ROY RESIDENT OF VILLAGE PURNA NAGAR KALPA BHATTA CHOWK NEPALI CHOWK PO AND PS NOONMATI GUWAHATI 20 KAMRUPM ASSA VERSUS ANUPAM DAS AND 2 ORS. S/O LATE NRIPEN DAS, RESIDENT OF VILLAGE BARITHAPUR, PO AND PS HATIGAON, GUWAHATI ASSAM, 38 2:MR. UPEN BARUA S/O LATE MAHENDRA BARUA RESIDENT OF BONDA PS PRAGJYOTISHPUR KAMRUP M ASSAM 3:MR. UTPAL KUMAR ROY S/O LATE SURENDRA ROY RESIDENT OF BONDA PS PRAGJYOTISHPUR KAMRUP M ASSA Page No.# 2/3 Advocate for the Petitioner : MR. B K BHAGAWATI, MR B S DEKA,MR. P S DEKA Advocate for the Respondent : MR. R DUBEY (R-1,2,3), MR. A N I HUSSAIN,MS N B KAYASTHA,MS. A B KAYASTHA,MR. R DUBEY,MR. A N I HUSSAIN(R-1,2,3),MS N B KAYASTHA(R-1,2,3),MS. A B KAYASTHA(R-1,2,3) BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 25.04.2025 Heard Mr B K Bhagawati, learned counsel appearing on behalf of the applicants. Mr R Dubey, learned counsel appears on behalf of the respondent Nos. 1 to 3. 2. This is an application for condoning the delay of 496 days in preferring the accompanying second appeal, against the Judgment and Decree dated 06.08.2018, passed in Title Appeal No. 49/2015, by the Court of learned Civil Judge, Senior Division No. 2, Kamrup (Metro) at Guwahati. 3. It is relevant to take note of, that an appeal has already been filed against the same Judgment and Decree, which have been registered and numbered as RSA No. 117/2019. However, during the pendency of the said second appeal, the question arose as to whether the appellant herein, had preferred an appeal against the portion of the decree, which was in respect to the counter claim. It is under such circumstances that this accompanying appeal had to be preferred, challenging the common Judgment and Decree dated 06.08.2018, which is also in respect to the counter claim. 4. The grounds and reasons so assigned in the instant application in the opinion of the Court are justified to come within the meaning of sufficient cause, under Section 5 of the Limitation Act. 5. Considering the above, the instant application stands allowed, thereby condoning the delay of 496 days. Page No.# 3/3 6. Registry shall register the accompanying second appeal and list it for hearing under Column of Order 41 Rule 11 CPC. JUDGE Comparing Assistant